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Member Problems

Unfortunately, disagreements between members can arise. Each of the train clubs provides a mechanism to redress these grievances. The following are excerpts from the train club rules and regulations. They are provided as a guide only. If there are any discrepancies, the official train club rules and regulations supercedes this page.

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TCA: Train Collectors Association

Bylaws (as amended to October 31, 2001)

ARTICLE II - MEMBERSHIP

Section 6. Complaints - Disciplinary Action

"A. Any member in good standing may file with the President of the Association a complaint on transactions or dealings involving trains against another member or members of the Association or against an Applicant to the Association. The President shall forward the complaint to the Membership Committee with copy to the Secretary. The Membership Chairperson shall promptly notify the Respondent. After a preliminary investigation by the Membership Committee; if necessary, a copy of the complaint will be sent to the respondent by certified mail, return receipt requested; a second copy by regular mail. The Respondent shall have 30 days from the date of mailing of the certified mail notice to reply to the Chairperson, settling forth his/her position. Failure to reply shall be deemed an admission of all allegations set forth in the complaint. If the Respondent contests the charge(s), the Membership Committee shall have the responsibility to investigate the complaint to the best of its ability. Their findings shall be presented to the President of the Association. The Membership Committee may make recommendations to the President of the Association. The Membership committee may make recommendations to the President for action on the complaint, however, the President's decision on whether to proceed shall prevail. If disciplinary action appears necessary, the Chairman of the Membership Committee shall present the complaint and the findings of the Membership Committee to the Board of Directors for decision. The Respondent shall be offered the right to present his/her position to the Board of Directors at the same time the complaint is presented to the Board of Directors. The decision of the Board of Directors shall be final and binding on all persons."

"B. The Board of Directors may take such action, legal or otherwise, as necessary, to protect the Association and to enforce its By-Laws including suspension or termination of membership."

"C. Disciplinary Action shall be in the form of termination of membership or suspension of membership from the Association."

"1. Termination of membership shall mean permanent barring from any Association function and elimination from the membership rolls and shall be by action of the Board of Directors."

"2. Suspension of membership shall mean exclusion from any Association function, and exclusion of receiving Association publications for a period of time and other conditions so determined by the Board of Directors."

"3. Any person whose membership is suspended or terminated may not attend any TCA function."

"D. The decision of the President and the Board of Directors of the Association on any matter of complaints shall be considered in the best interest of the membership of the Association and not subject to any personal liability."

"E. A person seeking to re-apply for membership after disciplinary action can apply no sooner than three (3) years after termination to the Chairman of the Membership Committee. That Committee or a minimum of 5 of its members, after reviewing the application, may interview the candidate at a mutually agreed upon time and place to submit its report and recommendation to the full Board of Directors which shall act upon it at next scheduled Board of Directors meeting. The applicant may not reapply more frequently than once per year after first re-application. If application is approved member will be given a new membership number."

"F. All dealings between members concerning trains and related items, whether as an individual or as owner or employee of a business shall conform with the provisions of this section."


LCCA: Lionel Collectors Club of America

Constitutional Bylaws (as of July 31, 2002)

Article III - Membership

Section 5. Complaints:

"A. Any member in good standing may file with the Immediate Past President (I.P.P.) of LCCA any complaint regarding transactions, dealings or relationships with any other LCCA member. All complaints must be in writing and complete details must be included. No verbal complaints will be considered under any circumstance."

"B. The Board of Directors may take such action as it deems necessary to resolve complaints that reach the Board of Directors. The action of the Board of Directors is final. The decision of the Board of Directors on any matter of complaint shall be considered in the best interest of the membership of LCCA and shall not subject the Board of Directors or any member thereof to personal liability."

Section 6. Disciplinary Action:

"Actions and performance of members that are not in the best interest of the Club and its membership shall be grounds for termination of a membership. Termination of membership shall mean permanent barring from any LCCA function and elimination from the membership roll and shall be by action of the Board of Directors. Grounds for termination of a membership could include and are not limited to the following: nonpayment of dues, dishonesty, fraudulent misrepresentation, malfeasance of office, conviction of a felony, issuance of insufficient funds checks, dishonor or disgrace of the Club."


LOTS: Lionel Operating Train Society

Constitution (as of June 2000)

ARTICLE III MEMBERSHIP

Section 5: Complaints

"A. Any member in good standing may file with the club's Vice-President a complaint regarding any transaction, dealing or relationship with any other LOTS member. Complaints involving any activity that may subject members or officers to discipline including (but not limited to), non-payment of dues, dishonesty, fraudulent misrepresentation, malfeasance of office, conviction of felony, issuance of "insufficient funds" checks, and acts bringing dishonor or disgrace to the club, shall be made to the Vice President. All such complaints shall be made in writing. The Vice-President or his designee shall immediately contact the member against whom the complaint was filed, in writing, and request a response within 30 days. The Vice-President or his designee shall attempt to mediate the complaint within 30 days after receipt of the response. If the complaint is not successfully mediated within this time period, or if no response is received, the Vice-President shall recommend appropriate action to the Board of Directors and refer the results of his investigation, including any documentation received from the parties, to the President for conveyance to the Board of Directors for final disposition. In the event the Vice President is a party to the dispute, the complaint shall be filed with the President who shall appoint a neutral member of the Board of Directors to fulfill the Vice President's responsibilities hereunder."

Section 6: Disciplinary Action

"A. Actions, conduct and/or performance of members that are not in the best interest of the club and its membership shall be grounds for removal from office and/or termination of membership. Termination of a membership shall mean barring from any and all LOTS functions and elimination from the membership rolls. Grounds for removal from office or termination of a membership shall include, but are not limited to, the following: non-payment of dues; dishonesty; fraudulent misrepresentation; malfeasance of office; gross failure to perform the duties of office; conviction of a felony; issuance of "insufficient funds" checks; and acts bringing dishonor or disgrace to the club."

"B. A membership in LOTS may be terminated for good cause by an affirmative vote of four of the five directors after the Board has reviewed the Vice-President's recommendation and all supporting documentation."

"C. Any officer or director may be removed from office for good cause by an affirmative vote of four of the five directors after the Board has reviewed the Vice-President's recommendation and all supporting documentation."

"D. The Board of Directors may take whatever action it deems appropriate relative to any complaint that reaches the Board of Directors. The action of the Board of Directors is final. The decision of the Board of Directors on any complaint shall be considered in the best interests of the membership of LOTS and shall not subject the Board of Directors, or any member thereof, to personal liability."

"E. A disciplined member may be reinstated to full membership, under such terms and conditions as the Board of Directors deems appropriate, upon the affirmative vote of four of five directors."


TTOS: Toy Train Operating Society

ByLaws (TTOS 1999 Directory)

Article II Members

Section 6. Complaints and Disciplinary Action.

"Any member may file with the National President of the Society a written complaint regarding transactions or dealings by another member involving toy trains and their related items. National President shall appoint a committee of three (3) from among the members of the Board of Directors of the Society to investigate such complaints and forward their findings to the Board of Directors. This committee shall have at least one member of the Executive Committee appointed to it. The National Board of Directors shall review the findings and recommendations of the Complaint Committee, conduct such further investigations as it deems necessary, and give the members against whom the complaint was lodged a reasonable opportunity to a hearing. Thereafter, the National Board of Directors shall render its decision, which decision shall be final and binding. Such decision of the National Board of Directors may provide for disciplinary action in the form of suspension of membership in the Society for a specified, definite period of time or in the form of expulsion from the Society. The Complaint Committee serves at the discretion of the National President either for a specific complaint or for complaints for a specified period of time."

 



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